75-1105_CC_Minutes_Regular MeetingArA
NOVEMBER 5, 1975
REGULAR MEETING OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CALIFORNIA
The Regular Meeting of the City Council was called to order by
Mayor Weathers at 7:06 P.M. in the City Council Chamber, followed
by the Pledge of Allegiance to the Flag. Invocation was given by
Mayor Weathers.
ROLL CALL: COUNCILMEN PRESENT: James K. Weathers, Mayor
John B. Sweeney, Mayor pro tem
Councilman Yvon O. Heckscher
Councilman Douglas B. Nash
COUNCILMEN ABSENT: Councilman Roy L. Byrnes
STAFF PRESENT: James S. Moca.lis, City Manager; John O'Sullivan,
Director of Administrative Services; William D. Murphy, Director
of Public Works/City Engineer; David J. Smith, Director of Planning;
James S. Okazaki, City Attorney; Mary Ann Hanover, City Clerk.
MINUTES
It was moved by Councilman Sweeney, seconded by Councilman Heckscher
and unanimously carried that the Minutes of the Regular Meeting of
October 15, 1975? be approved as submitted.
MOTION TO READ BY TITLE ONLY
It was moved by Councilman Sweeney, seconded by Councilman Nash
and unanimously carried that all resolutions and ordinances be
read by title only.
BIDS, CONTRACTS, AGREEMENTS
1. TRAFFIC SIGNAL - DEL OBISPO STREET/CAMINO DEL AVION -
INC
Council received copies of a. report dated November 5, 1975,
from the Director of Public Works advising that the traffic
signal installation at the intersection of Del Obispo Street
and Camino del Avion has been completed in accordance with
the plans and specifications. The total project costs are
$16,163.00; previous progress payments have been made in the
amount of $5,037.30.
RESOLUTION NO. 75-11-5-1: TRAFFIC SIGNAL INSTALLATION
DEL OB:ISPO AT DEL AVION - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DECLARING {YORK
TO BE COMPLETED AS TO PLANS AND SPECIFICATIONS FOR THE
TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF DEL OBISPO
AND DEL AVION
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried that Resolution No. 75-11-5-1
be adopted. The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
The Resolution accepts the work and directs the City Clerk to
file a Notice of Completion with the Orange County Recorder.
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It was moved by Councilman Ileckscher, seconded by Councilman
Nash and unanimously carried to authorize payments to C.T. & F.
Electrical Contractors, Inc., in the amount of $9,508.90 and,
thereafter, upon the expiration of thirty-five (35) days from
the date of recording of the Notice of Completion in the
Office of the Orange County Recorder, to make payment of the
101;, retention in the amount of $1,616.30.
2. PASEO CIELO SEWER CONSTRUCTION - NOTICE OF COMPLETION
The final report for the Paseo Cielo Sewer project will be
submitted to the City Council at the meeting of November 19,
1975.
3. PROPOSED TREE TRIMMING SERVICES PROJECT - LOS RIOS AREA
At the request of the Director of Public Works, this item was
ordered held over to the meeting of November 19, 1975, so
that more information may be provided to Council regarding
trimming of trees on private property. The project has been
approved by the Cultural Heritage Commission and is proposed
due to the possible danger of large tree limbs falling into
the public right-of-way.
4. SCHOOL SITE REIMBURSEMENT AGREEMENT -
(MAURER DEVELOPMENT COMPANY)
Council received copies of a report dated November 5, 1975,
from the Director of Planning forwarding a proposed agreement
for the reimbursement of funds expended by Maurer Development
Company towards the acquisition of an elementary school site
located on the Ortega Highway in San Juan Creek Valley in
conjunction with Tract 8264. The developer has expended the
sum of $29,500 towards site acquisition.
The school attendance area has been defined as that area
east of Interstate 5, located between the major ridgelines
north and south of San Juan Creek. A procedure is to be .
established whereby future developers in the area of the
school site would pay a $30 per unit assessment as a condition
of approval on tentative tracts, said amount to be payable
prior to recordation of a final map. Any projects developed
by Maurer Development Company, including Tract 8264, would
also contribute to the fund, which is to be administered by
the City.
Council directed that the Agreement be amended as follows:
The amount shown as expended by Mr. Maurer is to be
corrected to $29,500;
Upon collection of the school site fees, payment
shall be made to Mr. Maurer on a monthly basis.
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to approve the Reimbursement
Agreement, as amended, to authorize the Mayor to execute the
Agreement on behalf of the City, and the City Clerk to attest
thereto.
5. PUBLIC WORKS VEHICLE - AUTHORIZATION TO CALL FOR BIDS.
Council received copies of a report dated November 5, 1975,
from the Director of Administrative Services forwarding
specifications for the procurement of one 1/2 -ton pick-up
for the Engineering Division of the Public Works Department,
as included in the 1975-76 City budget.
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It was moved by Councilman IIeckscher, seconded by Councilman
Sweeney and unanimously carried to authorize the Director of
Administrative Services to advertise and receive bids for
the procurement of one 1/2 -ton pick-up truck.
PUBLIC HEARINGS
1. RZ 75-1 PUEBLO SERRA PROJECT -
SETTING OF HEARING DATE
Mayor Weathers set the date of Wednesday, November 19, 1975,
for the Public Hearing for Pueblo Serra Environmental Impact
Report and RZ 75-1, a proposed rezoning from the Growth
Management (GM) District to the Planned Community (PC) —e
District for approximately 30 acres of land located at the
southeast intersection of Junipero Serra Road and Camino
Capistrano, and directed the City Clerk to advertise the
Public Hearing.
Councilman Nash requested that traffic circulation realign=
ment be addressed. Mayor Weathers requested that a conceptual
presentation be made to Council and that developers be
encouraged to provide a model of their proposals, especially
for the larger developments.
ORDINANCES
1. RESIDENTIAL TRASH COLLECTION RATES (ADOPTION)
ORDINANCE NO. 296: TRASH COLLECTION RATES - AN ORDINANCE
OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, AMENDING
ORDINANCE NO. 223 RELATING TO CHARGES FOR COLLECTION OF
SOLID WASTE FROM RESIDENTIAL UNITS was read by title by the
City Attorney. Further reading of all Ordinances was waived
earlier in the meeting.
It was moved by Councilman Nash and seconded by Councilman
Sweeney that Ordinance No. 296 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
The Ordinance increases the weekly residential tra.sh collec-
tion rate from $2.00 per month to $2.50 per month and is
effective December 5, 1975. The Ordinance also authorizes
the City Council to establish future charges and fees for .
solid waste collection services by Resolution.
RESOLUTIONS
1. WEED ABATEMENT - AMENDMENTS TO 1974-75 CHARGES
Council received copies of a report dated November 5, 1975,
from the Director of Public Works regarding corrections to
be made to the 1974-75 weed abatement charges and forwarding
proposed Resolution listing the corrected charges to be
sent to the Office of the Auditor -Controller for revision
of the County tax assessment of 1974-75 weed abatement charges.
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515
RESOLUTION NO. 75-11-5-2: WEED ABATEMENT - A RESOLUTION OF
THE CITY COUNCIL OF THE CIT' OF SAN JUt1-7PISTRANO,
CALIFORNIA, AMENDING THE COST REPORT FOR WEED ABATEMENT IN
THE CITY OF SAN JUAN CAPISTRANO
It was moved by Councilman Sweeney and seconded by Councilman
Nash that Resolution No. 75-11-5-2 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Nash, Ileckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
The Resolution lists the corrected charges to be sent to the
Office of the Orange County Auditor -Controller for revision
of the County tax assessment of 1974-75 weed abatement charges.
2. 1977 STATE POLICE OLYMPICS SITE -
ENDORSEMENT OF THE CITY OF SANTA ANA
Council received copies of a report dated November 5, 1975,
from the City Manager forwarding a proposed Resolution
supporting Santa Ana as the site for the 1977 State Police
Olympics, as requested by the City of Santa Ana.
RESOLUTION NO. 75-11-5-3: STATE POLICE OLYMPICS - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF -M JUAN
CAPISTRANO, CALIFORNIA, ENDORSING THE CITY OF SANTA ANA
AS THE SITE FOR THE STATE POLICE OLYMPICS
It was moved by mayor Weathers and seconded by Councilman
Heckscher that Resolution No. 75-11-5-3 be adopted. The
motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
ORAL COMMUNICATIONS
1. LOS RIOS AREA
Mrs. Pam Hallan, 28062 Calle San Remo, addressed the
Council to advise that she would address the Council
regarding the proposed precise plan for the Los Rios Area
which appears as a Planning Commission item later on the
Agenda.
2. PROPOSED GENERAL PLAN AMENDMENT FOR
MISSION HILLS RANCH, PHISE II
Mr. Ed Haworth, of Haworth, Anderson & Lafer, Planning Consultants,
addressed the Council and requested permission to make a 10 to
15 minute presentation of the status of the Environmental
Impact Report for Phase II of the Mission Hills Ranch develop-
ment, a 157 -acre parcel lying adjacent to and east of the
existing Tract 6427. A report covering this information was
received on November 4, 1975.
Council advised Mr.IIaworththat they would prefer to follow
the Public Hearing procedures outlined in the Land Use Management
Code. The Director of Planning advised that a field trip over
nroperty in question has been scheduled by the Planning
Comi.is..°nn on Saturday, November 15th, from 9:30 A.M. to
12:00 O' c L...,= noon.
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3. CALLS ASPERO STIIEET IMPROVEMENTS
Mr. Richard McMechan, P.O. Box 185, advised that he would
be addressing the Council when the Calle Aspero Street
Improvements are discussed later on the Agenda.
CONSENT CALENDAR
Councilman Nash requested that the List of Demands be removed
from the Consent Calendar for separate consideration. It was
moved by Councilman Heckscher, seconded by Councilman Sweeney
and unanimously carried that the staff recommendations be approved
with regard to all other Consent Calendar items, as follows:
1. CITY TREASURER'S REPORT OF INVESTMENTS FOR 9/30/75
The City Treasurer's Report of Investments for the period
ending September 30, 1975, was received for information.
2. REPORT OF PLANNING COMMISSION ACTIONS FOR
0 75 AND 0 7
The Report of actions taken by the Planning Commission at their
meetings of October 14, 1975, and October 21, 1975, was
received for information.
3. REPORT ON CETA FUNDING AND GUIDELINES
The Report from the Director of Administrative Services dated
October 15, 1975, regarding the City's use of CETA funds
for filling City positions and the guidelines therefor, was
received for information.
4. REQUEST FOR SOLICITATION PERMIT - MONTH OF JANUARY, 1976
The request of the Orange County Chapter, March of Dimes
National foundation, for permission to solicit for funds within
the City during the month of January, 1976, is approved,
contingent upon receipt of a completed Solicitation Application
Form.
5. REQUEST FOR SOLICITATION•PERMIT FOR PAINTING OF HOUSE
Nii A9T:::A1 Ni STRF,ET C.'URBS INDEPENDENT PARENT TEACHER ORGANI
The request of the Independent Parent Teacher Organization of
the Del Obispo Elementary School for a permit to paint house_
numbers on street curbs in the Mission Bell and Sun Ranch
Tracts is denied on the basis that acceptable colors, materials,
style of numerals, and procedures for the requested project
have not been established.
6. REQUEST FOR USE OF COUNCIL CHAMBER - CAPISTRANO GARDEN HOME-
OWNERS .SSOCIATION NCF 2
The request of the Capistrano Garden Homeowners Association
No. 2 to use the Council Chamber for their annual meeting on
December 12, 1975, from 7:00 P.M. to 9:00 P.M. is approved
and a member of 'the Public Works staff is authorized to open
and close the building on that date. The applicant is to be
notified that the capacity of the Council Chamber is limited
to 99 persons.
7. APPROVAL OF WARRANTS
After clarification, it was moved by Councilman Nash, sec<.;,iod
by Councilman Iieckscher and unanimously carried that the L'�z�t
of Demands dated November 5, 1975, Warrant Nos. 5947
6012, inclusive, in the total amount of $167,09171, be
approved as submitted.
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V
51 F
SUBDIVISIONS
AND
ANNEXATIONS
1. APPROVAL,
OF
PARCEL MAP FOR DOL 75-3
(CRUMRINE)
Council received copies of a report dated November 5, 1975,
from the Director of Public Works advising that the Parcel
Map for Division of Land 75-3 has been reviewed by the
Engineering staff and found to be technically correct and
in conformance with the Subdivision Map Act, that all
required fees have been paid by the property owner, and that
all conditions of approval set by the Planning Commission
have been met. A map was also provided showing the location
of the approximate 10 -acre parcel which is proposed to be
divided into 4 lots of varying size.
It was moved by Councilman Heckscher, seconded by Councilman
Sweeney and unanimously carried to approve the Parcel clap
for DOL 75-3 (Crumrine), determining that said Map is
consistent with the General Plan and in substantial compli-
ance with the approved Tentative Parcel Map for DOL 75-3.
2. DOL 73-104 (SWARTOUT) REQUEST FOR DEFERRAL OF FEE PAYMENTS -
MODIICATION OF CONDITIONS OF APPROVAL
Council received copies of a report dated November 5, 1975,
from the Director of Public Works regarding the request
that the City defer the payment of drainage fees and parks
and recreation fees and waive the requirement that sanitary
sewers be installed in conjunction with Division of Land 73-104.
The property is located at 28151 Ortega Highway and is
identified as Assessor's Parcel No. 124-281-16. Letters dated
September 24 and October 16, 1975, were received from
W. Dale Nelson, agent for the property owner, B.E. Swartout.
Councilman Nash requested that the words "at this time" be
added to the requirement for the installation of public
sanitary sewers, Item No. 3 of the staff recommendation.
It was moved by Councilman Nash, seconded by Councilman Sweeney
and unanimously carried that the conditions of approval for
Division of Land 73-104 (Swartout) imposed by the City Council
on march 25, 1974, be modified as follows:
a. Parcels 1, 2 and 3 as indicated in Mr. W. Dale
Nelson's letter dated September 24, 1975, shall be
required to pay parks and recreation fees and
drainage fees prior to issuance of building permits.
b. Parcel 4 as indicated in said letter, shall be
required to pay parks and recreation fees and drainage
fees prior to recordation of the Parcel Map.
C. The requirement of public sanitary sewerage facilities
serving Parcels 1, 2 and 3 shall be waived at this time.
d. Prior to recordation of the necessary Parcel Map, it
shall be confirmed that construction on Parcel 4 is
totally on Parcel 4 and does not encroach upon other
parcels or properties. This confirmation shall be
made by a Registered Civil Engineer or Licensed Land
Surveyor in the State of California.
e. All other conditions of approval for DOL 73-104 not
modified herein and currently in effect shall remain
in effect.
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3.
APPROVAL OF TENTATIVE TRACE 9034
GLliND ,EFED01fff 7 SAVINGS ' LO AN)
518
Council received copies of a report dated
November 5, 1975,
from the Director of Planning forwarding;
Commission recommendation for conditional
the Planning;
approval of
Tentative Tract 9034 located on San Juan
Creek Road adjacent
to the San Juan Hills Golf Course. The project
consists
of
186 residential units on approximately 35
acres of land
and
is to be developed by Glendale Federal Savings
& Loan.
Tho Director of Planning clarified that the required temporary
recreational vehicle storage area gill be located so that it
will not have to be moved during various phases of construction.
It was moved by Councilman Sweeney, seconded by Mayor Weathers
and unanimously carried to accept the recommendation of the
Planning Commission and to approve Tentative Tract 9034
subject to the conditions contained in Planning Commission
Resolution No. 75-10-21-4.
Mr. Ralph Martin, representing Glendale Federal, addressed
the Council to question the ratios used in determining the
parkland in lieu of fees since it is anticipated that this
project will be of.a low per unit density as an adult
community, and that no credit is given for the adjacent
golf course. Mayor Weathers advised Mr. Martin that since
no formal appeal of the Planning Commission recommendation had
been submitted, the Council would not reconsider the recom-
mended action at this time. In response to an inquiry from
Councilman Sweeney, Mr. Martin affirmed that there was a
possibility that the San Juan Hills Golf Course would
eventually be changed from a public to a private course.
4. APPROVAL OF FINAL MAP TRACT 7387
(ZELLNER COMMUNITIES
Council received copies of a report dated November 5, 1975,
from the Director of Public Works advising that the Final
Map for Tract 7387 has been reviewed by the Engineering
staff and found to be technically correct and in conformance
with the Subdivision Man Act, that all required fees have been
paid by the developer, Zellner Communities, and all conditions of
approval set by the Planning Commission have been met. A
map was also provided showing the project location in the
vicinity of Village Road and Rosenbaum Road near the north
City limits.
it
It was moved by Councilman Sweeney, seconded by Councilman
Nash and unanimously carried to approve the Final Map for.
Tract 7387 (Zellner Communities), to determine that said Map
is consistent with the General Plan and in substantial
compliance with the approved Tentative Map for Tract 7387, and
to authorize the Mayor to execute the Agreement on behalf
of the City and the City Clerk to attest thereto. The
Agreement obligates the developer to construct the street
improvements required by the City.
5. APPROVAL OF FINAL MAP TRACT 8786
ZE_LL NER COMMUNITIES
Council received copies of a report dated November 5, 1975,
from the Director of Public Works advising that the Final
Map for Tract 8786 has been reviewed by the Engineeringstaff
and found to be technically correct and in conformance with
the Subdivision Map Act, that all required fees have been
paid by the developer, Zollner Communities, and all conditions
of approval set by the Planning Commission have been met. A
map was also provided showing the project location adjacent
to Tract 7387 near the north City limits.
It was moved by Councilman Sweeney, seconded by Councilman
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519
Nash and unanimously carried to approve the Final Map for
Tract 8786 (Zellner Communities) and to determine that said
Map is consistent with the General Plan and in substantial
compliance with the approved Tentative flap for Tract 8786.
ADMINISTRATIVE ITEMS:
CITY ATTORNEY
1. SIGNS - CAPISTRANO MOBILE HOME PAGEANT -
AUTHORIZATION TO INSTIGATE
The City Attorney advised that the sign advertising the
former Capistrano Mobile Home Pageant on San Juan Creek Road
has been removed and, therefore, Council authorization to
commence legal action to force compliance with City require-
ments that the sign be removed is not necessary.
DIRECTOR OF PLANNING
1. AGRICULTURAL PRESERVATION STUDY - PHASE III REPORT
Council received copies of a report dated November 5, 1975,
from the Director of Planning advising that Phase III of
the Agricultural Study has been completed by the consultants,
Levander, Partridge & Anderson, Inc. The report, entitled
"Phase III Report, San Juan Capistrano Agricultural Study,
Recommended Agricultural Preservation Program" was received
separately. Council discussion of the report ensued, including
such matters as financing, the possibility of a ballot measure
for voter consideration, estimates of property values, and
costs to property owners.
It was moved by Councilman Heckscher and seconded by Council-
man Nash that the City Council express its intent to proceed
with the Agricultural Program. The motion carried by the
following vote:
AYES:
NOES:
ABSENT:
RECESS AND RECONVENE
Councilmen Sweeney, Nash and Heckscher
Mayor weathers
Councilman Byrnes
Council recessed at 8:35 P.M, and reconvened at 8:50 P.M.
AGRICULTURAL PRESERVATION STUDY - CONTINUATION OF
T J� 1E, I51 U I
Council continued their discussion of the proposed Agricultural
Program and it was moved by Councilman Heckscher and seconded
by Councilman Nash that Staff be directed to prepare an
ordinance that will incorporate the intent of the Council as
to the preservation of agriculture within the community and
to structure the establishment of a committee that will enter
into preliminary discussions with the concerned landowners; Staff
is also directed to address the wording of the ballot measure
should it be decided that the measure will appear on the
March 2, 1976, municipal ballot. The motion carried by the
following vote:
AYES: Councilmen Sweeney, Nash and Heckscher
NOES: Mayor Weathers
ABSENT: Councilman Byrnes
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2. AGRICULTURAL PRESERVATION -
PROPOSED GENERAL PLAN HENDMENT NO. 2
In his report of November 5, 1975, the Director of Planning
recommended that Council reconsider the Council motion of
October 1, 1975, which was tabled pending receipt of the
Phase III Report. At the request of Council, the City Clerk
read the motion, as follows:
"'Councilman Nash moved to initiate proceedings for a
possible General Plan Amendment with the scope of these
proceedings limited to the designated agriculture overlay
areas only. The purpose of conducting the proceedings
would be to determine whether or not one of the following
would occur: (1) Designation of permanent agriculture
to the area or a portion of the area; (2) Continuation
of the overlay designation for some period of time; or
(3) Removal of the agriculture overlay.' Councilman
Heckscher seconded the motion which was subsequently
tabled."
It was moved by Councilman Nash and seconded by Councilman
Heckscher to remove the above motion from the table. The
motion failed and thus died on the table by the following vote:
AYES: Councilmen Nash and Heckscher
NOES: Councilman Sweeney and Mayor Weathers
ABSENT: Councilman Byrnes
3. HOUSING AND COMMUNITY DEVELOPMENT ACT -
SECOND YEAR PROGR
EXIM
Discussion of this item was deferred to the end of the meeting
pending the arrival of a member of the staff of the Orange
County Housing Division.
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
1. SERRA PROJECT COMMITTEE #5 -
OCE N OUTFALL AGREEMENT
Council received copies of a report dated November 5, 1975,
from the Director of Public Works forwarding a proposed
agreement between member agencies, SERRA, the Environmental
Protection.Agency, and the Air Resources Control Board, State
of California. The Agreement is the result of discussions of
the grant conditions and mitigating measures necessary to
complete the Environmental Impact Report for the proposed
expansion of the wastewater reclamation facility.
It was moved by Councilman Sweeney; seconded by Mayor
Weathers to authorize SERRA's representative to support this.
Agreement on behalf of the City; and, to approve specifically
Section 6 of the Agreement and to authorize the Mayor to
execute the Agreement on behalf of the City. After discussion
of portions of the Agreement dealing with interim uses and
hold harmless provisions, Councilman Sweeney withdrew the
motion with the concurrence of the second.
Mayor Weathers directed that this matter be referred to staff
for clarification.
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2. STREET IMPROVEMENTS - CALLE ASPERO 521
Council received copies of a report dated November 5, 1975,
from the Director of Public Works recommending the formation
of an assessment district in order to complete the street
improvements on Calle Aspero and .requesting that Council
make a determination as to the methods desired to determine
the benefits to adjoining lands. There are seven lots within
the llcissner Tract facing Calle Aspero for which improvements
are required.
Mr. Richard McMechan addressed the Council to request that the
City cause -the street improvements to be made immediately. He
also offered to assist the City staff in determining who
should bear the project costs as benefitted parties, if the
City does not bear the cost.
It was moved by Councilman Heckscher, seconded by Mayor Weathers
and unanimously carried that the City take the measures
necessary to install the improvements on that section of Calle
Aspero which is currently improved on one side only, said
measures to be taken with the utmost diligence; staff is
directed to cooperate with Mr. McMechan in ascertaining
whether there is any possibility of recouping expenses from
the benefitted parties. The project area is described as the
northerly side of Calle Aspero from approximately 100 feet
south of Paseo Monte Vista to approximately 200 feet north of
Paseo Alto Plano.
3. PROPOSED BIKE RESTSTOP ON DEL OBISPO STREET (FALKLAM
This item was postponed to the meeting of November 19, 1975,
at the request of Mr. Falklam.
4. POLLUTION CONTROL PROTECTION - SEWAGE TREATMENT PLANT
Council received copies of a report dated November 5, 1975,
from the Director of Public Works regarding the amounts of
flows entering the Treatment Plant. The study was under-
taken in order to determine the costs of providing backup
tanks to store the influent should a breakdown occur in the
treatment facilities.
After discussion, Mayor Weathers requested that the Director
of Public Works report back on this matter describing the
worst possible crisis that could occur so that the magnitude
of costs may be better determined.
5. UTILITY UNDERGROUNDING - AGREEMENT WITH SAN DIEGO GAS & ELECTRIC
(TRC'P 07-b8 'BSR'1'CIIER-PCIi'IC,
AND TRACT 8 60, HOLSTEIN
Council received copies of a report dated November 5, 1975,
from the Director of Public Works with regard to coordinating
the undergrounding of utilities in Tract 6788 (Birtcher-Pacific)
and Tract 8460 (Holstein) on Del Obispo Street by San Diego Gas
& Electric Company. The financial considerations were
corrected as follows: The combined cost estimates for the
proposed work amount to $10,758, funds obligated by the City
amount to $8,000, and Birtcher-Pacific has deposited $6,000.
A total amount of $4,753 of City funds is required (an increase
.of $2,758 from funds previously obligated).
It was moved by Councilman Sweeney, seconded by Mayor Weathers
and unanimously carried to approve the Agreement with San Diego
Gas & Electric Company :For the undergrounding of utilities in
Tract 6788 located on Del Obispo Street at Paseo de la Paz in
the amount of $9,403, to authorize the expenditure of $2,758
additional funds, and to authorize the Mayor to execute the
Agreement on behalf of the City and the City Clerk to attest
thereto.
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PLANNING COMMISSION
1. LOS RIOS AREA SPECIAL DISTRICT STUDY - PRECISE PLAN
Council received copies of a report dated November 5, 1975,
from the Director of Planning regarding the proposed initiation
of a precise plan for the Los Rios Area as recommended by
the Planning Commission by letter dated October 21, 1975, and
pursuant to Section 3.4.22.E of the Land Use Management Code.
The recommendation is that staff be directed 'to prepare a
scope -of -work for the Precise Plan for the Los Rios Area for
review by -the Planning Commission and submission to the City
Council along with a program for requests for proposals. The
precise plan itself would be undertaken by a consultant.
Mrs. Pam Hallan, 28062 Calle San Remo, and Mrs. Mary Jane
Forster, 31312 Guadalupe, addressed the Council to request
that the Cultural Heritage Commission be authorized to prepare
the first formal study of the Los Rios Area rather than an
outside consultant. The Commission study would then set goals
and give direction to a consultant.
At the suggestion of the City Manager, Mayor Weathers directed
that a meeting be set between the Chairman and a member from
the Cultural Heritage Commission, the Planning Commission, and
the City Manager for report back to the Council.
2. EQUESTRIAN TRESPASSING ON PRIVATE PROPERTY
Council received copies of a report dated November 5, 1975,
from the Director of Planning forwarding the recommendation
of the Planning Commission with regard to equestrian use of
private property. The City Attorney recommends that any signs
be placed on public property where equestrian trails come
to an end.
With the ccncu.rrence of the Council, Mayor Weathers directed
that the matter be tabled pending his discussions with members of
the Capistrano Valley Horsemen's Association.
CULTURAL HERITAGE COMMISSION
1. INVENTORY OF HISTORICAL/CULTURAL SITES, STRUCTURES AND LANDMARKS
Council received copies of a report dated October 15, 1975,
from the Director of Administrative Services advising that the
Cultural Heritage Commission has added the following sites
and structures to the Historical/Cultural Inventory:
C. Russell Cook Barn, Hot Springs Dance Hall, Joel Congdon
Residence, and River Street. Councilman Nash suggested that
Los Rios Street and Camino Capistrano also be included.
RESOLUTION NO. 75-11-5-4: INVENTORY OF HISTORICAL AND
CULTURAL L NDl1TRKY-RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUUT CAPISTRANO, CALIFORNIA, APPROVING AN INVENTORY
OF HISTORICAL AND CULTURAL LANDMARKS AND RESCINDING RESOLUTION
NO. 75-10-1-6
It was moved by Councilman Nash and seconded by Councilman
Sweeney that Resolution No. 75-1-1-5-4 be approved as submitted.
The motion carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
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a23
TRAFFIC AND TRANSPORTATION COMMISSION
1, RESTRICTED PARKING - NORTH SIDE OF DEL OBISPO STREET BETWEEN
IPA'L AND C LLE REYN LD
Council received copies of a report dated November 5, 1975,
from the Director of Public Works forwarding the recommendation
of the Traffic and Transportation Commission that parking be
prohibited in the areas along Del Obispo Street where there
are no parking bays in order to increase safety and facilitate
the orderly movement of traffic.
RESOLUTION NO. 75-11-5-5: PARKING REGULATIONS - PORTION OF
DEL OBISPO STREET - A RESOLUTION OF THE CI'T'Y COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ESTABLISHING "NO
PARKING" AREAS ON THE NORTH SIDE OF DEL OBISPO FROM REYNALDA
TO 190 FEET EASTERLY AND FROM ALIPAZ TO 170 FEET WESTERLY
It was moved by Councilman Nash and seconded by Councilman
.Sweeney that Resolution No. 75-11-5-5 be adopted. The motion
carried by the following vote:
AYES: Councilmen Sweeney, Nash, Heckscher and
Mayor Weathers
NOES: None
ABSENT: Councilman Byrnes
2. TRAFFIC CONDITIONS - LOS PAJAROS AT SANTA ROSALIA
At the request of the Director of Public Works, this item
was ordered continued to the next regular Council meeting of
November 19, 1975.
3. PROPOSED CAMINO CAPISTRANO ASSESSMENT DISTRICT -
DEL OBISPO STREET TO SAN JUAN CREEK BRIDGE
Council received copies of a report dated November 5, 1975,
from the Director of Public Works regarding the proposed
formation of an assessment district for the improvement of
Camino Capistrano from Del Obispo Street to the San Juan
Creek Bridge. The improvements would include a raised median;
an additional northbound traffic lane, storm drains, and
additional parking spaces.
It was moved by Councilman Nash, seconded by Councilman
Sweeney and unanimously carried to direct the Traffic and
Transportation Commission to conduct a hearing with the
affected property owners in the area of the proposed assess-
ment district in order to review and make a recommendation
on the channelization, parking, and street improvement plan.
ARCHITECTURAL BOARD OF REVIEW
1, ACCEPTANCE OF BOARD MEMBER RESIGNATION
Council received copies of a report dated November 5, 1975,
forwarding a letter dated October 6, 1975, from George W.
Riley submitting his resignation from the Architectural
Board of Review.
It was moved by Councilman Heckscher, seconded by Councilman
Nash and unanimously carried to accept the resignation of
George W. Riley from the Architectural Board of Review.
It was moved by Councilman Heckscher,
Nash and unanimously carried that the
tion be extended to Mr, Riley and that
the excellent service he has performed
Board of Review.
seconded by Councilman
City Council's apprecia-
he be commended for
to the Architectural
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524 The Director of. Planning reported the Planning Commission recom-
mendation that a liason be maintained between the ABR and the
Commission and that Commissioner Phyllis Shainman be considered
for the appointment.
IIOUSING AND COMMUNITY DEVELOPMENT ACT -
SECOND YEAR PROGRAM — —
Council received copies of a report dated November 5, 1975, from
the Director of Planning regarding City participation in the
second year program of the Housing & Community Development Act.
A proposed amount in excess of $24,000 would be requested from the
County entitlement grant'for future use in the City, since the City
has not yet developed a viable project for use of these funds. The
representative of the Orange County Housing Division did not appear.
It was moved by Councilman Heckscher and seconded by Councilman
Sweeney that staff be directed to take the steps necessary in
order to obtain an allocation for the second year program of the
Housing & Community Development Act. The motion carried by the
vote:
AYES: Councilmen Sweeney, Heckscher and Mayor Weathers
NOES: Councilman Nash
ABSENT: Councilman Byrnes
COUNCIL REMARKS
1. TRASH COLLECTION CHARGES - NON -CURBSIDE
Councilman Heckscher requested that staff investigate the
amounts charged for trash collection in areas which do not
have curbside pickup service. Complaints have been received
from residents that undue charges have been levied.
2. AGRICULTURAL PRESERVATION -
PROPOSED GENERAL PSN AMENDMENT NO. 2
Councilman Hecskcher inquired if there would be sufficient
time to reconsider the motion which failed earlier in the
meeting which was to initiate General Plan Amendment No. 2
for calendar year 1975 and would consider the extension of
existing General Plan Agricultural Overlays. The Director
of Planning read the schedule of meetings which would be
necessary and advised that the matter could be undertaken if
the amendment were initiated at the meeting of November 19th.
3. BICENTENNIAL COMMITTEE - FREEDOM TRAIN VISIT
Councilman Nash advised that comments had been received from
residents that the City costs for the visit of the American
Revolution Bicentennial Freedom Train would be considerable.
He suggested the following means for possibly recouping some
of the expenses: (1) Request that local organizations
donate services; (2) Consider imposing a parking charge; (3)
Request substantial participation from the business community.
He requested that staff review these suggestions and report
back to the Council. -
4. ORTEGA HIGHWAY IMPROVEMENT PROJECT
Mayor Weathers advised that the City was in receipt of a letter
dated November 5, 1975, from Supervisor Thomas Riiey regarding
authorization granted for the County to seek an agreement with
the City to provide the State's matching funds for a federal
grant to improve the Ortega Highway from Interstate 5 to
La Pata.
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525
5. GENERAL AVIATION AIRPORT FACILITIES
Mayor Weathers proposed that the City enter into a joint
resolution with the City of San Clemente to request the
appropriate County agencies to ascertain whether there is
a suitable location in the area for general aviation airport
facilities. The City Manager advised that County personnel
have studied the area and• indicated that there are no
suitable sites within the City; a formal request for further
investigation by County personnel should be submitted.
6. CITY :PROJECTS - PRIORITY LIST
Councilman Sweeney inquired into the status of the priority
list of City projects and the City Manager advised that a
staff meeting will be set to compile the list for Council
review.
ADJOURNMENT
There being no further business before the Council, the meeting was
adjourned at 11:05 P.M. to the next regular meeting date of
Wednesday, November 19, 1975, at 7:00 P.M. in the City Council
Chamber.
APPROVED:
=it I fIIERa—, AIXYOR
ti
Respectfully submitted,
MA Y ANN VER, CITY CLERK
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